JUDGE KEVIN MILES –PREFERENCES
SCHEDULING CONFERENCE/ PRE-TRIAL
CRIMINAL: Counsel for all parties must appear at all pre-trials. Defendants must appear at all pre-trials unless their presence is waived by the Court in advance. The Court will set all cases within time guidelines for speedy trial and within the Ohio Supreme Court’s Superintendence Rules.
CIVIL: A First Status Conference will be set within 60, 90, 120 days after the filing of the case. During this time, service will occur and the majority of the discovery under Civil Rules 26-36 is to be completed with the exception of experts. A Second Status Conference will then be set, and the parties are expected to file a R26 (F) report prior to the Second Status Conference. The Court will then set a Scheduling Conference. At the Scheduling conference, the Court will complete a scheduling order setting out deadlines for discovery, setting a trial date and formal Pre-trial date. The Court will set forth timing for expert disclosures. Dates set in the scheduling order will be strictly enforced. All Status conferences may be conducted by telephone. At the Formal Pre-trial, Counsel, parties, and insurance representatives are to be present in person, vested with full authority to settle.
Motion practice is governed by the applicable Civil and Criminal Rules. Requests for oral argument on motions will be considered on a case by cases basis. Motions will generally be considered on the written briefs.
All requests for continuance shall be made by written motion filed with the Clerk. All motions for continuance shall include a proposed entry granting the request. Trials will be continued only if due to unforeseen circumstances.
The Court expects the parties to engage in settlement discussions and will participate in any reasonable manner to aid in the resolution of the case.
The Court employs a full time mediator on staff. Most civil cases will be referred to mediation prior to trial. The parties may choose a private mediator as well.
In civil cases, trial briefs are due by the date set forth in the scheduling order. The last day for discovery is the Formal Pre-trial date. Additional evidence or witnesses disclosed beyond the discovery cut- off date may be excluded by the Court. Counsel are encouraged to submit agreed upon jury instructions, interrogatories, and verdict forms on all claims or defenses by the date set forth in the scheduling order. Transcripts of depositions are due by the Formal Pre-trial date to ensure the Court time to review objections prior to trial.
In criminal cases, the last day for discovery is the Formal Pre-trial date. Additional evidence or witnesses disclosed beyond the discovery cut- off date may be excluded by the Court. The Court will prepare standard jury instructions from OJI. Any request for special instructions must be made at the Formal Pre-trial. Counsel are expected to be prepared to try their cases at the Formal Pre-trial. Counsel should be prepared to discuss potential evidentiary issues and potential objections. Motions in limine are to be filed prior to the Formal Pre-trial, allowing the Court sufficient time to set additional hearings if necessary prior to the trial date.
Counsel using any of the Court’s technology in the courtroom shall set up a meeting with the bailiff to test the equipment. Any digital exhibits admitted at trial will be loaded onto a desktop computer in the jury room for their use in deliberations.
The Court expects attorneys and their clients to come to Court on time and prepared. Clients shall be dressed appropriately for Court. Counsel shall be courteous and respectful to the Court, its employees, and other counsel at all times.